HB 2494 -
By Representative Dunshee
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 The legislature finds the commission on
state debt's recommendations accomplish several objectives that improve
the state's standing with regard to the amount of debt available for
capital projects and the required debt service to pay for those
projects. Implementation of the recommendations will result in more
stable and predictable bond-funded capital budgets and debt service.
The recommendations include amending the state Constitution by changing
the definition and calculation of general state revenue and reducing
the debt limit in conjunction with amending the working debt limit.
The recommendations also include creating a state debt council to
advise on long-term debt. Therefore, the legislature intends to
implement the commission on state debt's recommendations.
NEW SECTION. Sec. 2 A new section is added to chapter 39.42 RCW
to read as follows:
(1) The state debt council is created and consists of the state
treasurer, acting as the chair and a nonvoting member; one member
appointed from each of the two largest caucuses of the senate,
appointed by the president of the senate; one member appointed from
each of the two largest caucuses of the house of representatives,
appointed by the speaker of the house; the director of the office of
financial management; and the secretary of transportation. The members
of the state debt council serve without additional compensation, but
are reimbursed for travel expenses in accordance with RCW 44.04.120
while attending sessions of the council or on official business
authorized by the council. Staffing of the state debt council must be
provided by the office of the state treasurer.
(2) The purpose of the state debt council is to report annually to
the governor and the legislature on the level of existing state debt,
the sources of funds for repayment of that debt, and corresponding
changes in tangible assets resulting from that debt. The state debt
council shall project long-term capacity for future debt given
different revenue, interest rate, and future appropriation assumptions.
The state debt council shall oversee the preparation of and approve, by
an affirmative vote of at least four members, the report to the
governor and the legislature as required under this section. The
council's report shall include the following:
(a) A summary of current outstanding debt, the sources of revenue
for repayment of that debt, and potential savings from future refunding
of higher interest rate debt;
(b) A summary of the estimated net change in the financial value of
tangible assets financed with state debt, including assets of the state
public education system;
(c) A projection of long-term debt capacity and suggested
improvements in the model, data, and assumptions used to project future
debt capacity;
(d) The amounts of required future debt issuance based on the ten-year capital plan required in chapter 43.99 RCW;
(e) The amounts of future debt issuance based on transportation
planning required in chapter 47.06 RCW; and
(f) The debt service required to pay for different types of debt.
Sec. 3 RCW 43.88.030 and 2006 c 334 s 43 are each amended to read
as follows:
(1) The director of financial management shall provide all agencies
with a complete set of instructions for submitting biennial budget
requests to the director at least three months before agency budget
documents are due into the office of financial management. The budget
document or documents shall consist of the governor's budget message
which shall be explanatory of the budget and shall contain an outline
of the proposed financial policies of the state for the ensuing fiscal
period, as well as an outline of the proposed six-year financial
policies where applicable, and shall describe in connection therewith
the important features of the budget. The biennial budget document or
documents shall also describe performance indicators that demonstrate
measurable progress towards priority results. The message shall set
forth the reasons for salient changes from the previous fiscal period
in expenditure and revenue items and shall explain any major changes in
financial policy. Attached to the budget message shall be such
supporting schedules, exhibits and other explanatory material in
respect to both current operations and capital improvements as the
governor shall deem to be useful to the legislature. The budget
document or documents shall set forth a proposal for expenditures in
the ensuing fiscal period, or six-year period where applicable, based
upon the estimated revenues and caseloads as approved by the economic
and revenue forecast council and caseload forecast council or upon the
estimated revenues and caseloads of the office of financial management
for those funds, accounts, sources, and programs for which the forecast
councils do not prepare an official forecast. Revenues shall be
estimated for such fiscal period from the source and at the rates
existing by law at the time of submission of the budget document,
including the supplemental budgets submitted in the even-numbered years
of a biennium. However, the estimated revenues and caseloads for use
in the governor's budget document may be adjusted to reflect budgetary
revenue transfers and revenue and caseload estimates dependent upon
budgetary assumptions of enrollments, workloads, and caseloads. All
adjustments to the approved estimated revenues and caseloads must be
set forth in the budget document. The governor may additionally
submit, as an appendix to each supplemental, biennial, or six-year
agency budget or to the budget document or documents, a proposal for
expenditures in the ensuing fiscal period from revenue sources derived
from proposed changes in existing statutes.
The budget document or documents shall also contain:
(a) Revenues classified by fund and source for the immediately past
fiscal period, those received or anticipated for the current fiscal
period, and those anticipated for the ensuing biennium;
(b) The undesignated fund balance or deficit, by fund;
(c) Such additional information dealing with expenditures,
revenues, workload, performance, and personnel as the legislature may
direct by law or concurrent resolution;
(d) Such additional information dealing with revenues and
expenditures as the governor shall deem pertinent and useful to the
legislature;
(e) Tabulations showing expenditures classified by fund, function,
and agency;
(f) The expenditures that include nonbudgeted, nonappropriated
accounts outside the state treasury;
(g) Identification of all proposed direct expenditures to implement
the Puget Sound water quality plan under chapter 90.71 RCW, shown by
agency and in total; and
(h) Tabulations showing each postretirement adjustment by
retirement system established after fiscal year 1991, to include, but
not be limited to, estimated total payments made to the end of the
previous biennial period, estimated payments for the present biennium,
and estimated payments for the ensuing biennium.
(2) The budget document or documents shall include detailed
estimates of all anticipated revenues applicable to proposed operating
or capital expenditures and shall also include all proposed operating
or capital expenditures, including debt service from all funds for
proposed debt issuance, including alternatively financed projects for
the full term of the financing. The total of beginning undesignated
fund balance and estimated revenues less working capital and other
reserves shall equal or exceed the total of proposed applicable
expenditures. The budget document or documents shall further include:
(a) Interest, amortization and redemption charges on the state
debt;
(b) Payments of all reliefs, judgments, and claims;
(c) Other statutory expenditures;
(d) Expenditures incident to the operation for each agency;
(e) Revenues derived from agency operations;
(f) Expenditures and revenues shall be given in comparative form
showing those incurred or received for the immediately past fiscal
period and those anticipated for the current biennium and next ensuing
biennium;
(g) A showing and explanation of amounts of general fund and other
funds obligations for debt service from all funds for bonds and
alternatively financed projects for the full term of the financing and
any transfers of moneys that otherwise would have been available for
appropriation;
(h) Common school expenditures on a fiscal-year basis;
(i) A showing, by agency, of the value and purpose of financing
contracts for the lease/purchase or acquisition of personal or real
property for the current and ensuing fiscal periods; and
(j) A showing and explanation of anticipated amounts of general
fund and other funds required to amortize the unfunded actuarial
accrued liability of the retirement system specified under chapter
41.45 RCW, and the contributions to meet such amortization, stated in
total dollars and as a level percentage of total compensation.
(3) The governor's operating budget document or documents shall
reflect the statewide priorities as required by RCW 43.88.090.
(4) The governor's operating budget document or documents shall
identify activities that are not addressing the statewide priorities.
(5) A separate capital budget document or schedule shall be
submitted that will contain the following:
(a) A statement setting forth a long-range facilities plan for the
state that identifies and includes the highest priority needs within
affordable spending levels;
(b) A capital program consisting of proposed capital projects for
the next biennium and the two biennia succeeding the next biennium
consistent with the long-range facilities plan. Insomuch as is
practical, and recognizing emergent needs, the capital program shall
reflect the priorities, projects, and spending levels proposed in
previously submitted capital budget documents in order to provide a
reliable long-range planning tool for the legislature and state
agencies;
(c) A capital plan consisting of proposed capital spending for at
least four biennia succeeding the next biennium, including debt service
from all funds for bonds and alternatively financed projects for the
full term of the financing;
(d) A strategic plan for reducing backlogs of maintenance and
repair projects. The plan shall include a prioritized list of specific
facility deficiencies and capital projects to address the deficiencies
for each agency, cost estimates for each project, a schedule for
completing projects over a reasonable period of time, and
identification of normal maintenance activities to reduce future
backlogs;
(e) A statement of the reason or purpose for a project;
(f) Verification that a project is consistent with the provisions
set forth in chapter 36.70A RCW;
(g) A statement about the proposed site, size, and estimated life
of the project, if applicable;
(h) Estimated total project cost;
(i) For major projects valued over five million dollars, estimated
costs for the following project components: Acquisition, consultant
services, construction, equipment, project management, and other costs
included as part of the project. Project component costs shall be
displayed in a standard format defined by the office of financial
management to allow comparisons between projects;
(j) Estimated total project cost for each phase of the project as
defined by the office of financial management;
(k) Estimated ensuing biennium costs;
(l) Estimated costs beyond the ensuing biennium, including debt
service from all funds for bonds and alternatively financed projects
for the full term of the financing;
(m) Estimated construction start and completion dates;
(n) Source and type of funds proposed;
(o) Estimated ongoing operating budget costs or savings resulting
from the project, including staffing and maintenance costs;
(p) For any capital appropriation requested for a state agency for
the acquisition of land or the capital improvement of land in which the
primary purpose of the acquisition or improvement is recreation or
wildlife habitat conservation, the capital budget document, or an
omnibus list of recreation and habitat acquisitions provided with the
governor's budget document, shall identify the projected costs of
operation and maintenance for at least the two biennia succeeding the
next biennium. Omnibus lists of habitat and recreation land
acquisitions shall include individual project cost estimates for
operation and maintenance as well as a total for all state projects
included in the list. The document shall identify the source of funds
from which the operation and maintenance costs are proposed to be
funded;
(q) Such other information bearing upon capital projects as the
governor deems to be useful;
(r) Standard terms, including a standard and uniform definition of
normal maintenance, for all capital projects;
(s) Such other information as the legislature may direct by law or
concurrent resolution.
For purposes of this subsection (5), the term "capital project"
shall be defined subsequent to the analysis, findings, and
recommendations of a joint committee comprised of representatives from
the house capital appropriations committee, senate ways and means
committee, legislative evaluation and accountability program committee,
and office of financial management.
(6) No change affecting the comparability of agency or program
information relating to expenditures, revenues, workload, performance
and personnel shall be made in the format of any budget document or
report presented to the legislature under this section or RCW
43.88.160(1) relative to the format of the budget document or report
which was presented to the previous regular session of the legislature
during an odd-numbered year without prior legislative concurrence.
Prior legislative concurrence shall consist of (a) a favorable majority
vote on the proposal by the standing committees on ways and means of
both houses if the legislature is in session or (b) a favorable
majority vote on the proposal by members of the legislative evaluation
and accountability program committee if the legislature is not in
session.
Sec. 4 RCW 43.88.031 and 1991 c 284 s 2 are each amended to read
as follows:
A capital appropriation bill shall include the estimated ((general
fund)) debt service costs from all funds associated with new capital
appropriations contained in that bill for the biennia in which the
appropriations occur and for the ((succeeding two biennia)) full term
of the financing.
Sec. 5 RCW 39.42.070 and 2009 c 500 s 1 and 2009 c 479 s 24 are
each reenacted and amended to read as follows:
((On or after the effective date of this act,)) The treasurer shall
compute general state revenues for the ((three)) six fiscal years
immediately preceding such date and shall determine the arithmetic mean
thereof. As soon as is practicable after the close of each fiscal year
thereafter, he or she shall do likewise. In determining the amount of
general state revenues, the treasurer shall include all state money
received in the treasury from each and every source ((whatsoever
except)), including moneys received from ad valorem taxes levied by the
state and deposited in the general fund in each fiscal year, but not
including: (1) Fees and other revenues derived from the ownership or
operation of any undertaking, facility or project; (2) moneys received
as gifts, grants, donations, aid or assistance or otherwise from the
United States or any department, bureau or corporation thereof, or any
person, firm or corporation, public or private, when the terms and
conditions of such gift, grant, donation, aid or assistance require the
application and disbursement of such moneys otherwise than for the
general purposes of the state of Washington; (3) moneys to be paid into
and received from retirement system funds, and performance bonds and
deposits; (4) moneys to be paid into and received from trust funds
((including but not limited to moneys received from taxes levied for
specific purposes)) and the several permanent funds of the state and
the moneys derived therefrom but excluding bond redemption funds; (5)
moneys received from taxes levied for specific purposes and required to
be deposited for those purposes into specified funds or accounts other
than the general fund; and (6) proceeds received from the sale of bonds
or other evidences of indebtedness. Upon computing general state
revenues, the treasurer shall make and file in the office of the
secretary of state, a certificate containing the results of such
computations. Copies of said certificate shall be sent to each elected
official of the state and each member of the legislature. The
treasurer shall, at the same time, advise each elected official and
each member of the legislature of the current available debt capacity
of the state, and may make estimated projections for one or more years
concerning debt capacity.
NEW SECTION. Sec. 6 RCW 39.42.140 (Working debt limit) and 2011
1st sp.s. c 46 s 3 are each repealed.
Sec. 7 RCW 39.42.140 and 2011 1st sp.s. c 46 s 3 are each amended
to read as follows:
The state finance committee must recommend a working debt limit for
purposes of budget development for various purpose capital bond
appropriations. Nothing in this section shall in any manner affect the
validity of indebtedness incurred in compliance with the provisions of
Article VIII, section 1 of the state Constitution. The working debt
limit must be updated periodically following forecasts of the economic
and revenue forecast council. The governor and legislature must
develop capital bond budgets within the most recent recommended working
debt limit. The working debt limit must be lower than the state
constitutional debt limit in order to reserve capacity under the
constitutional limit for emergencies and economic uncertainties. In
order to begin to accomplish the objectives of stabilizing debt
capacity and reducing the debt service burden on the operating budget,
the state finance committee must recommend working debt limits of eight
and one-half percent from July 1, ((2015)) 2016, to and including June
30, ((2017)) 2018; eight and one-quarter percent from July 1, ((2017))
2018, to and including June 30, ((2019)) 2020; eight percent from July
1, ((2019)) 2020, to and including June 30, ((2021)) 2023; seven and
three-quarters percent from July 1, ((2021)) 2023, and thereafter. The
state finance committee may recommend modified working debt limits in
response to extraordinary economic conditions. The state finance
committee is authorized to reduce or delay the issuance of bonds if an
issuance would result in exceeding the recommended working debt limit.
NEW SECTION. Sec. 8 The following act or parts of acts are each
repealed:
(1) 2011 1st sp.s. c 46 s 1 (uncodified);
(2) 2011 1st sp.s. c 46 s 2 (uncodified); and
(3) 2011 1st sp.s. c 46 s 4 (uncodified).
NEW SECTION. Sec. 9 Sections 1, 2, 5, and 6 of this act take
effect if the proposed amendment to Article VIII, section 1 of the
state Constitution (implementing recommendations of the commission on
state debt, HJR 4226 or ESJR 8221) is validly submitted to and is
approved and ratified by the voters at the next general election. If
approved and ratified by the voters at the next general election,
section 5 of this act takes effect July 1, 2014, and section 7 of this
act does not take effect. If the proposed amendment is not approved
and ratified, sections 1, 2, 5, and 6 of this act are void in their
entirety."
Correct the title.
EFFECT: The duties of the debt council are modified to focus more on technical information and less on policy recommendations. The fluctuating working debt limit based on the economy is eliminated. The existing phase down of the statutory working debt limit is delayed one year in the event the voters don't ratify the amendment of the constitutional debt limit in HJR 4226.